Morris v. . Morris
Supreme Court of North Carolina
Appeae from an order made on the 12th of October, 1883, in an action pending in Orange Superior Court, by MaoRae, J. The plaintiff brought this action against the defendant, her husband, to the fall term, 1883, of the superior court of Orange .county, to obtain a divorce from bed and board, for alimony and for the care and custody of the children of the marriage, and other relief.
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Appeae from an order made on the 12th of October, 1883, in an action pending in Orange Superior Court, by MaoRae, J. The plaintiff brought this action against the defendant, her husband, to the fall term, 1883, of the superior court of Orange .county, to obtain a divorce from bed and board, for alimony and for the care and custody of the children of the marriage, and other relief. At the return term the plaintiff filed her complaint and the defendant filed his answer thereto. After five days’ notice, the plaintiff moved before the judge at chambers, on the 12th day of October, 1883, for…
1Opinion of the CourtMerrimon, J.
Whether the plaintiff was entitled to alimony pendente lite, was a question of law, arising, not simply from the facts set forth in the complaint or affidavits submitted in support of the motion for alimony, but upon the facts set forth in the complaint and “found by the judge to 'be true, and to entitle her to the relief demanded in the complaint.” The obvious purpose of the statute (The Code, §1291) is to afford the wife present pecuniary relief pending the progress of the action, and as well, to afford the husband some measure of protection in a motion so important, made and to be…
2Cases cited1 opinion
- Hodges v. . HodgesSupreme Court of North Carolina · 1880
3Cited by11 opinions
- Rickert v. RickertSupreme Court of North Carolina · 1972
- Moore v. MooreSupreme Court of North Carolina · 1902
- White v. WhiteSupreme Court of North Carolina · 1920
- Butler v. . ButlerSupreme Court of North Carolina · 1946
- White v. . WhiteSupreme Court of North Carolina · 1920
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